IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 7376 OF 2016 (KLR-LG)

BETWEEN:

1. SMT PRABHAVATHI SHETTY D/O MAHABALA SHETTY W/O NAGAIAH SHETTY AGED ABOUT 59 YEARS R/AT CHARA VILLAGE KARKALA TALUK UDUPI DISTRICT - 574 104

2. SRI SADANANDA SHETTY S/O NAGAIAH SHETTY AGED ABOUT 38 YEARS R/AT CHARA VILLAGE KARAKALA TALUK UDUPI DISTRICT - 574 104 Digitally signed by PANKAJA S

3. KUM SAHANA SHETTY Location: HIGH D/O NAGAIAH SHETTY COURT OF KARNATAKA AGED ABOUT 37 YEARS R/AT CHARA VILLAGE KARAKALA TALUK UDUPI DISTRICT - 574 104 …PETITIONERS (BY SRI. JEEVAN K, ADVOCATE FOR SRI. RANGANATHA S JOIS, ADVOCATE)

AND:

1. THE DEPUTY COMMISSIONER UDUPI DISTRICT UDUPI- 576101

2. THE ASSISTANT COMMISSIONER KUNDAPUR SUB -DIVISION KUNDAPURA TALUK KUNDAPURA UDUPI DISTRICT - 576 201

3. THE LAND GRANT COMMITTEE BY ITS SECRETARY THE TAHSILDAR KARKALA TALUK, KARKALA UDUPI DISTRICT - 574 104

4. SRI NARAYANA NAIKA S/O RAMA NAIKA AGE: MAJOR AGE NOT KNOWN TO THE PETITIONERS R/AT CHARA VILLAGE KARKALA TALUK UDUPI DISTRICT - 574 104 …RESPONDENTS (BY SRI. NEELAKANTAPPA K PUJAR, HCGP FOR R1-R3, R4 - SERVED, UNREPRESENTED)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER PASSED BY THE R-2 ASSISTANT COMMISSIONER, KUNDAPURA SUB-DIVISION, KUNDAPURA IN DTD. 1.2.2006 MARKED ANNX-F.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

ORAL ORDER

In this writ petition, the petitioners sought for a writ of certiorari to quash the impugned orders passed by respondent No.2 - Assistant Commissioner at Annexure-'F', respondent No.1 - Deputy Commissioner at Annexure-'G' and the Karnataka Appellate Tribunal (for brevity "the Tribunal") in RA.No.37/2014 at Annexure-'H'.

2. The grievance of the petitioners is that the land bearing Sy.No.105/1 of Chara Village comprised of vast extent of agricultural land, they, being the agriculturists, were cultivating various extents of land in said survey number and raised coconut, cashew plantation and mango trees in their respective holdings. Thereafter, they filed an application before the Land Grant Committee - respondent No.3 for regularization of their unauthorized occupation as per amended provisions of Karnataka Land Revenue Act (for brevity "the KLR Act").

3. The Land Grant Committee conducted spot inspection on 30.10.2003 and thereafter regularized the land by grant and issued Saguvali Chit on 11.11.2003 in Sy.No.105/1P2 in favour of petitioner No.1 to an extent of 3 acres 61 cents. Further, respondent No.3 also granted the land and issued Saguvali Chit on 12.02.2004 in Sy.No.105/1P3 in favour of petitioner No.2 to an extent of 3 acres 55 cents and granted the land and issued Saguvali Chit on 12.02.2004 in Sy.No.105/1P2 in favour of petitioner No.3 to an extent of 3 acres 55 cents (for brevity "subject lands"). Ever since, the petitioners were in cultivation and enjoyment of the subject lands. By virtue of the grants, all the revenue entries were mutated in their names.

4. Things stood thus, due to inimical terms, respondent No.4 filed a false complaint against the petitioners before the Lokayukta. The said complaint has been forwarded by the Lokayukta to the Assistant Commissioner for an enquiry. Relying on the said communication, the Assistant Commissioner in a suo moto proceedings cancelled the grants vide order dated 01.02.2006. The said order was questioned by the petitioners before the Deputy Commissioner. However, the Deputy Commissioner has also rejected the appeal filed by the petitioners by affirming the order passed by the Assistant Commissioner. Finally, the petitioners approached the Tribunal by filing an appeal. The Tribunal also rejected the appeal filed by the petitioners and affirmed the orders passed by the Assistant Commissioner and the Deputy Commissioner.

Challenge to the same is lis b